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The Use of Strategic Litigation to Silence Political Expression
Strategic litigation against public participation (SLAPP) involves lawsuits brought by individuals, corporations, groups, or politicians to curtail political activism and expression. An increasingly large part of the political landscape in Canada, they are often launched against those protesting, boycotting, or participating in some form of political activism. A common feature of SLAPPs is that their intention is rarely to win the case or secure a remedy; rather, the suit is brought to create a chill on political expression.
Blocking Public Participation examines the different types of litigation and causes of action that frequently form the basis of SLAPPs, and how these lawsuits transform political disputes into legal cases, thereby blocking political engagement. The resource imbalance between plaintiffs and defendants allows plaintiffs to tie up defendants in complex and costly legal processes. The book also examines the dangers SLAPPs pose to political expression and to the quality and integrity of our democratic political institutions. Finally, the book examines the need to regulate SLAPPs in Canada and assesses various regulatory proposals.
In Canada, considerable attention has been paid to the “legalization of politics” and the impact on the Charter in diverting political activism into the judicial arena. SLAPPs, however, are an under-studied element of this process, and in their obstruction of political engagement through recourse to the courts they have profound implications for democratic practice.
Comparing Border Security in North America and Europe
Border security has been high on public-policy agendas in Europe and North America since the September 11, 2001 attacks on the World Trade Centre in New York City and on the headquarters of the American military in Washington DC. Governments are now confronted with managing secure borders, a policy objective that in this era of increased free trade and globalization must compete with intense cross-border flows of people and goods. Border-security policies must enable security personnel to identify, or filter out, dangerous individuals and substances from among the millions of travelers and tons of goods that cross borders daily, particularly in large cross-border urban regions. This book addresses this gap between security needs and an understanding of borders and borderlands. Specifically, the chapters in this volume ask policy-makers to recognize that two fundamental elements define borders and borderlands: first, human activities (the agency and agent power of individual ties and forces spanning a border), and second, the broader social processes that frame individual action, such as market forces, government activities (law, regulations, and policies), and the regional culture and politics of a borderland. Borders emerge as the historically and geographically variable expression of human ties exercised within social structures of varying force and influence, and it is the interplay and interdependence between people's incentives to act and the surrounding structures (i.e. constructed social processes that contain and constrain individual action) that determine the effectiveness of border security policies. This book argues that the nature of borders is to be porous, which is a problem for security policy makers. It shows that when for economic, cultural, or political reasons human activities increase across a border and borderland, governments need to increase cooperation and collaboration with regard to security policies, if only to avoid implementing mismatched security policies.
The Case That Changed the Face of Human Rights
Young seventeen-year-old Joelito Filártiga was taken from his family home in Asunción, Paraguay, brutally tortured, and murdered by the Paraguayan police. Breaking Silence is the inside story of the quest for justice by his father—the true target of the police—Paraguayan artist and philanthropist Dr. Joel Filártiga. That cruel death, and the subsequent uncompromising struggle by Joelito's father and family, led to an unprecedented sea change in international law and human rights. The author, Richard Alan White, first became acquainted with the Filártiga family in the mid-1970s while doing research for his dissertation on Paraguayan independence. Answering a distressed letter from Joelito's father, he returned to Paraguay and journeyed with the Filártiga family on their long and difficult road to redress. White gives the reader a compelling first-hand, participant-observer perspective, taking us into the family with him, to give witness to not only their agony and sorrow, but their resolute strength as well—strength that led to a groundbreaking $10 million legal decision in Filártiga v. Peña. (Americo Norberto Peña-Irala was the Paraguayan police officer responsible for Joelito's abduction and murder, whom the Filártigas had arrested after finding him hiding in Brooklyn.) That landmark decision, based on the almost obscure Alien Tort Claims Act of 1789, ruled that U.S. courts could accept jurisdiction in international cases—recognizing the right of foreign human rights victims to sue—even though the alleged violation occurred in another country by a non-American and against a non-American. So fundamentally has the Filártiga precedent changed the landscape of international human rights law, that it has served as the basis for nearly 100 progeny suits, and grown to encompass not only human rights abuses, but also violations of international environmental and labor rights law. Today, there are dozens of class action suits pending against corporate defendants ranging from oil conglomerates destroying the Amazon rainforest to designer clothing companies running sweatshops abroad. Breaking Silence is a remarkable, consuming story, documenting not only the most celebrated case in the international human rights field—but also the tragic and touchingly human story behind it that gives it life. In 2001, Dr. Filártiga was nominated for the Nobel Peace Prize and the Alien Tort Claims Act continues to be hotly debated among politicians and lawmakers.
Human Rights in the 1970s
Between the 1960s and the 1980s, the human rights movement achieved unprecedented global prominence. Amnesty International attained striking visibility with its Campaign Against Torture; Soviet dissidents attracted a worldwide audience for their heroism in facing down a totalitarian state; the Helsinki Accords were signed, incorporating a "third basket" of human rights principles; and the Carter administration formally gave the United States a human rights policy.
The Breakthrough is the first collection to examine this decisive era as a whole, tracing key developments in both Western and non-Western engagement with human rights and placing new emphasis on the role of human rights in the international history of the past century. Bringing together original essays from some of the field's leading scholars, this volume not only explores the transnational histories of international and nongovernmental human rights organizations but also analyzes the complex interplay between gender, sociology, and ideology in the making of human rights politics at the local level. Detailed case studies illuminate how a number of local movements—from the 1975 World Congress of Women in East Berlin to anti-apartheid activism in Britain, to protests in Latin America—affected international human rights discourse in the era as well as the ways these moments continue to influence current understanding of human rights history and advocacy. The global south—an area not usually treated as a scene of human rights politics—is also spotlighted in groundbreaking chapters on Biafran, South American, and Indonesian developments. In recovering the remarkable presence of global human rights talk and practice in the 1970s, The Breakthrough brings this pivotal decade to the forefront of contemporary scholarly debate.
Contributors: Carl J. Bon Tempo, Gunter Dehnert, Celia Donert, Lasse Heerten, Patrick William Kelly, Benjamin Nathans, Ned Richardson-Little, Daniel Sargent, Brad Simpson, Lynsay Skiba, Simon Stevens.
Savagery, Civilization, and Democracy
Many modern conservatives and feminists trace the roots of their ideologies, respectively, to Edmund Burke (1729–1797) and Mary Wollstonecraft (1759–1797), and a proper understanding of these two thinkers is therefore important as a framework for political debates today.According to Daniel O’Neill, Burke is misconstrued if viewed as mainly providing a warning about the dangers of attempting to turn utopian visions into political reality, while Wollstonecraft is far more than just a proponent of extending the public sphere rights of man to include women. Rather, at the heart of their differences lies a dispute over democracy as a force tending toward savagery (Burke) or toward civilization (Wollstonecraft). Their debate over the meaning of the French Revolution is the place where these differences are elucidated, but the real key to understanding what this debate is about is its relation to the intellectual tradition of the Scottish Enlightenment, whose language of politics provided the discursive framework within and against which Burke and Wollstonecraft developed their own unique ideas about what was involved in the civilizing process.
The Cameroon Condition brings together three seminal essays by George Ngwane, one of the most renowned, committed and daring Anglophone Cameroon writers. ìThe Mungo Bridge,î is a stinging indictment of the tenuous relations between La Republique du Cameroun and the Southern Cameroons ñ a marriage gone sour right from the honeymoon. It raises hard questions on the failed union, and is uncompromisingly courageous in the solutions it proposes. This popular essay was first published at a time when it was risky to be open and critical, especially on what has come to be known as The Anglophone Problem. ìThe Anglophone Fileî discusses the narrow and barren politics of belonging that have exacerbated divisions and controversies among Anglophone elites, turning them into political fodder for the Francophone dominated state. The essay suggests ways out of the divisions and intrigue that have kept Anglophones permanently at daggers drawn against each other, and facilitated their exploitation, humiliation and marginalization. The third essay, ìFragments of Unity,î concerns the South West Region, whose leaders Ngwane criticizes of political opportunism and of a chronic lack of vision and fortitude with regard to the socio-economic development of the region. It calls for a leadership free of the docility, mediocrity and praisesingerliness. These are powerful essays that have attracted praise and criticism alike. They are essays to leave few indifferent. Their continued relevance to current debates makes of them a most read.
Trauma Narrative and Social Action in Latin American Testimonio
As if in direct response to The New Yorker's question of “The Power of the Pen: Does Literature Change Anything?” Kimberly Nance takes up the relationship between ethics and literature. With the 40th anniversary of the testimonio occurring in 2006, there has never been a better time to reconsider its role in achieving social justice. The advent of the testimonio--loosely, a political autobiography of a Latin American activist who hopes, through the telling of her life story, to bring about change--was met with a great deal of excitement by scholars who posited it as a radical new form of literature. Those accolades were almost immediately followed by a series of critical problems. In what sense were testimonios "true"? What right did privileged scholars in the U.S. have to engage accounts of suffering with traditional modes of criticism? Were questions of veracity or aesthetics more important? Were these texts autobiography or political screeds? It seemed critics didn't know quite what to make of the testimonio and so, after a brief bout of engagement, disregarded it. Nance, however, argues that any form as prolific as the testimonio is well worth examining and that these questions, rather than being insurmountable, are exactly the questions with which scholars ought to be wrestling. If, as critics claim, that the testimonio is one of the most pervasive contemporary Latin American cultural genres, then it is high time for a comprehensive study of the genre such as Nance's.
Democracy is overrated. Capitalism, on the other hand, doesn't get enough credit. In this provocative and engaging book, John Mueller argues that these mismatches between image and reality create significant political and economic problems--inspiring instability, inefficiency, and widespread cynicism. We would be far better off, he writes, if we recognized that neither system is ideal or disastrous and accepted instead the humdrum truth that both are "pretty good." And, to Mueller, that means good enough. He declares that what is true of Garrison Keillor's fictional store "Ralph's Pretty Good Grocery" is also true of democracy and capitalism: if you can't get what you want there, "you can probably get along without it."
Mueller begins by noting that capitalism is commonly thought to celebrate greed and to require discourtesy, deceit, and callousness. However, with examples that range from car dealerships and corporate boardrooms to the shop of an eighteenth-century silk merchant, Mueller shows that capitalism in fact tends to reward behavior that is honest, fair, civil, and compassionate. He argues that this gap between image and reality hampers economic development by encouraging people to behave dishonestly, unfairly, and discourteously to try to get ahead and to neglect the virtuous behavior that is an important source of efficiency and gain.
The problem with democracy's image, by contrast, is that our expectations are too high. We are too often led by theorists, reformers, and romantics to believe that democracy should consist of egalitarianism and avid civic participation. In fact, democracy will always be chaotic, unequal, and marked by apathy. It offers reasonable freedom and security, but not political paradise. To idealize democracy, Mueller writes, is to undermine it, since the inevitable contrast with reality creates public cynicism and can hamper democracy's growth and development.
Mueller presents these arguments with sophistication, wit, and erudition. He combines mastery of current political and economic literature with references to figures ranging from Plato to P. T. Barnum, from Immanuel Kant to Ronald Reagan, from Shakespeare to Frank Capra. Broad in scope and rich in detail, the book will provoke debate among economists, political scientists, and anyone interested in the problems (or non-problems) of modern democracy and capitalism.